Head note

This article describes the implementation in France of the UCP Directive by Law No. 2008-3 of 3 January 2008.

The author describes the modifications to French Consumer Law, in particular articles L. 121-1, L. 121-2 and L. 141-1.

The author provides an analysis of the criteria required for the new offence of unfair commercial practice pursuant to article L. 120-1 of the French Consumer Code.

He also comments on the contents of the offence of misleading commercial practice pursuant to article L. 121-1 of the same Code, and on the difficulties of qualification that can arise from said provision.

The author describes the creation of articles L. 122-11 to L. 122-15 in the French Consumer Code. He underlines that the new offence of aggressive commercial practice supplements the existing offences, and that cumulative qualifications are possible. The author also comments on the difficulties regarding proof of the material element of said offence, and on criminal and civil penalties applicable to such an offence.